HomeMy WebLinkAboutHome Occupation Correspondence 1997-02-28C;ITY OF OREGO'V
sPF FIELE,
DEV ELOP MENT S ERVI CES DE PARTMENT
Notice of Limited Land Use Decision - Home Occupation
,h,225 FIFTH STBEET
SPRINGFIELD, OR 97477
(s41 ) 726-s753
FAX (541 ) 726-368s
Date of Letter
February 28,1997
AoolicanUOwner
Journal Number
97-02 -26
William & Melissa Allen
327 N. 43rd Place
Springfield, OR 97478
Nature of Request: A Home Occupation Permit to operate a real estate note buying office from a
residence. No customer contact is proposed and standard office equipment will occupy one room of the
residence.
Decision: Approval, as conditioned in accordance with the attached furdings.
Other Uses That May Be Authorized By The Decision: None. This decision authorizes a home
occupation in accordance with the Springfield Development Code. All other uses of the property are
subject to applicable state law, local ordinances and permit procedures.
Site Information: The proposed site is located at, also described as Tax Lot on Assessor's Map l7-03-
34-13. The properfy is zoned and designated Low Density Residential. Edgemont Way is a local street,
ending in a cul-de-sac, where off-street parking prevails. There is an existing residential structure with an
attached garage, three off-street parking spaces and an accessory structure on the subject property. A sight
obscuring fence encloses the west side and rear yard.
Written Comments: Home Occupation Permit Applications require the notification of property
owner/occupants within 300 feet of the properry allowing for a 14 day comment period prior to a staff
decision. No written correspondence was received.
Review Standards: The application shall be approved, approved with conditions or denied based on
compliance with the standards and conditions of Section 16.100(6) of the Springfield Development Code.
Staff shall develop findings demonstrating that the special siting standards have been met:
2
Section 16.100(6) -A home occupation is a lawful activity carried on within a dwelling by a member
or members of the family who occupy the dwelling. A home occupation may be approved provided
that:
(a) The primary use of the building is a dwelling;
A residential skucture occupied by the applicant is the primary use of the site.
residential portion ofthe structure are proposed.
No changes to the
Finding: Stafffinds this standard is met because the primary use of the buitding is residential.
(b) The occupation is a secondary use that does not significantly affect the residential
character ofthe dwelling or neighborhood; and
The proposed occupation will be conducted from one room of the residence, by a member of the
family occupying the dwelling. Operation will not affect the residential character of the dwelling
or neighborhood because no changes to the outward appearance ofthe residence are proposed, the
hours of operation are limited, and off-street parking is provided at the site.
Finding: Stafffinds the proposed occupation is a secondary use because it is conductedfrom
limited space and no change to the residence is proposed, therefor there is no significant affect
on the neighborhood.
(c) Compliance with the following applicable conditions shall occur at all times:
2. There shall be no display which would indicate from the exterior that the building is
being used for any purpose other a residential dwelling; No display inconsistent with
residential use is proposed. One sign in accordance with the City of Springfield Sign Code
ordinance 9-7-10(1) is permitted. For more information call Lisa Hopper at726-3j90.
3. There shall be no outdoor storage of materials visible from public property or adjacent
private property; All storage will be within the residence and one accessory structure. No
outdoor storage is proposed.
4. Mechanical equipment, except that which is compatible with residential purposes, shall
be prohibited. Home office equipment (i.e. an additional phone line, fax, pc, modem, printer,
copier, plotter, etc.) is not incompatible with residential purposes.
5. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at
or beyond the property line resulting from the home occupation. No adverse affects will
result from the proposed home occupation equipment at or beyond the property line
6. The home occupation shall not create hazardous traffic conditions or utilize on-street
parking of nearby properties. Clients will not visit the residence. Paved off-street parking
spaces are provided on private property for the residents. No hazardous traffic conditions will be
created and no on-street parking of nearby properties will be utilized.
I l. No residence shall be used as a headquarters or dispatch center where employees or
subcontractors report to the residence to be dispatched elsewhere. There are no employees or
subcontractors proposed to work from, or report to the residence for dispatch. The business
proposed is operated by the resident/owner. Any employee traffic to the residence is a violation
of this permit.
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12. The applicant shall sign an agreement with the City acknowledging the conditions of
subsection 16.100(6)(c) as well as additional conditions deemed necessary to achieve
compliance. The applicant has signed an agreement consenting to abide by all criteria and
conditions listed on the application at all times.
Ultimate Finding of Fact: Stuffrtnds this home occupation in compliance with the provisions of
Springfield Development Code Section I 6. I 00(6) because Subcriteria (a),(b), and(c) are met.
Conclusion: Staff finds that all applicable standards of Springfield Development Code, Article 16. 100(6)
have been addressed and the proposed home occupation can comply. The application is approved as of
the date of this letter.
Revocation procedures: Any home occupation which has been approved by staff shall be subject to
revocation by staff if the home occupation is found to be in violation if the conditions under which the
home occupation was approved. The revocation decision may be appealed to the Planning Commission in
accordance with Article l5 of this Code. The revocation shall be sent to the applicant in writing. The
home occupation shall cease within 30 days of the receipt of the revocation notice. The applicant will be
subject to the revocation procedures listed above ifthe applicant fails to abide by the conditions listed in
16.100(6Xc).
Additional Information: The application, all documents and evidence relied upon by the applicant and
the applicable criteria are available for free inspection and copies will be made at a cost of $0.75 for the
first page and $0.25 for each additional page at the Development Services Department, 225 5th Street,
Springfield, Oregon.
Appeal: If you wish to appeal this Type II Home Occupation Review decision, you must do so within l0
days of the mailingof this letter. The appeal must be in accordance with the Springfield Development
Code, Article.l5, APPEALS. Appeals must be submitted on a City form and a fee of $250.00 must be
paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning
Commission appeal application.
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DSD Planning Division
cc: Building Division, Address File